General terms of Yogaruka

Yogaruka Studios provide group and private mixed movement sessions (fusions of yoga, mobility, Qigong, calisthenics, Stretch Therapy™, contemporary Pilates, etc) taught by some of the most highly trained teachers in Sydney that have come together under the umbrella of these gorgeous, ecological, holistic fitness spaces.

### Changes

Yogaruka reserves the right to cancel, change or vary sessions, teachers, workshops or teacher training programs. While we endeavour to give you as much notice as we can, this may not always be possible. Please regularly check live timetables for up-to-date information on all sessions and events. Yogaruka also reserves the right to reasonably adjust pricing of class passes and expiry brackets, giving reasonable notice by email. If you have unsubscribed from our mailing list, please resubscribe, alternatively regularly check our website for updates.

### Online Bookings

You are welcome to pre-book online for all of our sessions, and this is highly recommended at peak times. If you are unable to attend you must cancel online at least 3 hours prior. Failure to cancel or “no-show” will result in you being charged for the pre-booked class.

If you have pre-booked a class, you must still check in upon arrival so that we know you’ve arrived. Please arrive at least 5 minutes prior to the commencement of the session so you can claim your spot on the mat and get in the zone.

### Late-Arrivals & Leaving a Session Early

A late arrival is accepted if you can be on the mat in a quiet and respectful manner within the first 5 minutes of the session.

Should you need to leave the session early please alert the teacher and make sure you leave as quietly as possible in order to not disturb other students. We understand you may occasionally need to leave the session early but if this is a regular pattern we suggest you sign into a session you know you can fully commit to.

### Memberships

All our memberships - online and in-person - are charged monthly, for the one month ahead and they are three month minimum memberships. You will be expected to continue payments indefinitely until written notice of cancellation is given, and you have **our confirmation in writing**.

Membership Contract (MC) Conditions:
- Purchasing a membership contract of any sort through Yogaruka Pty Ltd means that you are entering a legally binding contract.

- If you wish to cancel, suspend or alter your MC payment in any way you are under contractual obligation to give Yogaruka a minimum two weeks' notice via email, and wait for **our confirmation in writing**.

- Changes cannot be done automatically on your booking profile. Either upgrading or downgrading (e.g., passing from the online to the in-person, or the other way around) will restart the three-month minimum period.

- Your payments will continue to draw from your account indefinitely. If you wish us to stop payments at the end of your monthly cycle you must inform us **a fortnight** before the termination date, and wait for **our confirmation in writing**.

- A minimum of three full billing periods (90 days) must be completed prior to the cancellation taking effect.

- Membership cancellations cannot be applied retroactively under any circumstance.

- You will be expected to fill in an **exit interview** as a condition to the cancellation.

- Conditions for putting the membership on hold are listed in the **Suspensions** section.

### Class Passes

All passes are non-refundable, non-transferrable and cannot be exchanged for any other pass. Passes purchased online will activate upon your first visit.

Introductory 2-Week unlimited Passes are a one-time offer to all new attendees at Yogaruka. No other offer or discount can, under any circumstance, be used together with it unless priorly agreed with Yogaruka.

- Drop in passes are valid for one month from purchase, and can be used for one visit.
- Our 5-session passes are valid for 2 months from activation.
- Our 10-session passes are valid for 4 months from activation.

Discounted passes may have different conditions to the above so make sure to check with Reception or the teacher to confirm conditions before purchase.

### Suspensions

If you are on an Auto-Membership, you are welcome to hold or suspend your membership for holiday or business travels, or if you are unable to practice due to serious illness or injury.
- A two weeks' notice in writing prior to the suspension date is required. Membership suspensions cannot be applied retroactively.
- **Minimum suspension period for any and all memberships is 14 days. Maximum suspension period is 21 days per 4 months membership period, for a total of 63 days per year**.
- Please note that we do not allow suspended memberships to be cancelled. One billing period (30 days) must be completed after suspension and prior to cancelling membership, even if the 90-day minimum length of the membership has passed.
- In the same fashion we do not allow for memberships to be downgraded and then suspended within the same billing period (30 days).

Class passes cannot be suspended or cancelled under any circumstances.

For all membership enquiries, suspensions and cancellations, please email us at

### Concession Passes

Concessions are available for kids and students only. If you purchase online, a valid ID must still be sighted when you come to class. At failure to do so we reserve the right to ask you to pay the difference toward a full membership or pass, or limit the number of days/iterations on it. If you are a minor, your guardian will have to co-sign your intake form.

Concession memberships reflect the same conditions as standard memberships (see above).

### Private Movement Sessions

For all private sessions we have a strict 24-hour cancellation policy. If you do not cancel via phone or email or change your appointment within 24 hours, or if you do not attend your session, you will be charged the full fee.

Bringing extra participants to your private session will incur an extra of 25% per person to the total. (Practically, a private class for two will cost 1,25 times more than a private class for one. A private class for three will cost 1,56 times more than a private class for one. A private class for four will cost 1,95 times more.)

All private sessions that are taken as 10-class passes are subject to the same conditions as the group class passes: they are 6 months valid; as they present a significant discount on the single, they can under no circumstance be refunded, nor can they be transferred or exchanged.

### Intake Forms

We ask all our first-timers to fill in an intake form that will gather detailed information in regards to your residence, points of contact (incl. GP of choice), age, and medical history. We commit to keep anything pertaining to you that you have communicated to us orally and in writing confidential, however refraining from giving us the requested information may result in us refusing your participation to Exercise.

### Waiver

By purchasing any item from this website and attending the event, I hereby agree that the following terms and conditions and undertakings apply to the Services (“Services”) to be provided to me by Yogaruka:

- I am participating voluntarily in the sessions, workshops or events offered by Yogaruka. I have been examined by a licensed medical practitioner (“Practitioner”) within the past six months and have been found by such Practitioner to be able to perform all vigorous stretching and movement practices (“Exercise”) which I am to perform during my participation in the session, workshop or event organised by Yogaruka.
- I will faithfully follow the instructions given to me by Yogaruka and their associated teachers, as to when, where, and how to perform and not to perform Exercise.
- I agree and acknowledge that participation in any Exercise could constitute a risk of serious injury to myself, including permanent paralysis or death. I voluntarily and knowingly recognise, accept and assume this risk and warrant that I am physically fit and able to perform given Exercise without risking serious injury, including permanent paralysis or death. I acknowledge that neither Yogaruka, associated teachers, staff or employees shall be nor be deemed to be responsible or liable (whether in contract of in tort or under any statute whatsoever), for any injury, illness or other mishap I sustain arising from or out of, or in any way directly or indirectly connected with given Exercise.
- I understand and acknowledge that I am to receive instruction in movement practices and theory only. Yogaruka Pty Ltd, associated teachers, staff or employees of Yogaruka, are not liable for, nor are expected to provide any advice, training or medical assistance other than in the form of Exercise.
- I indemnify and will at all times hereafter well and sufficiently indemnify and keep fully indemnified Yogaruka, associated teachers, staff or employees of Yogaruka from and against all actions, suits, causes of action, proceedings, claims, costs and expenses whatsoever which may be taken or made against Yogaruka, associated teachers, staff or employees of Yogaruka or incurred or become payable by Yogaruka, associated teachers, staff or employees of Yogaruka in connection with or arising out of any such injury, illness or mishap to me.
- The fee paid by me for participation in Yogaruka’s sessions, workshops or events is non-refundable. Yogaruka in their sole discretion may grant refunds to me without prejudicing any of their rights.
_ I understand and acknowledge that if I purchase any of the memberships on sale on the website I am legally bound to the Membership conditions listed in the Membership Contract (MC) Conditions above.
- Yogaruka reserves the right to cancel any event, in which case a full refund will be granted.
- I indemnify Yogaruka associated teachers, staff or employees of Yogaruka against any loss or damage of my personal belongings that may arise through my attending this event, class or workshop.
- I have read the above release and waiver of liability and fully understand its contents.
- I voluntarily agree to the terms and conditions stated above.

### Website

When using our website, you agree to:

- Seek our written permission if you would like to copy our content in any way, shape or form. By supplying us with material via digital or hardcopy, you allow us unlimited, royalty free use of its content.
- Thoroughly read and comply with our Terms and Conditions set out within. Anyone infringing on the aforementioned terms could be excluded from the use of our website.

Like most other websites, during the course of any visit to the Yogaruka website, we use small files which are stored on your hard drive by our browser (“cookies”) to monitor your use of the website. Once you have closed your browser, we do not use the information these cookies collect.


Yogaruka (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”) through AutopilotHQ, Inc. (“Ortto”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions that may govern the relationship between you and Us in other contexts.

User Opt In: Your inferred permission to participate in the The Program which allows Users to receive SMS/MMS mobile message is granted when you register an account on Momoyoga. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.


Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:

* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

DISPUTE RESOLUTION - ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 289 Lyons Rd, Russell Lea NSW 2046, Australia before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Yogaruka’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

### Privacy Policy

When submitting your personal data to us, you agree that any information we hold about you can be held on computer and/or paper files.

You have the right, at any time, to request a copy of the information we hold about you.